Using hearsay evidence in a disciplinary hearing

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Using hearsay evidencein a disciplinary hearing
Saunders v City of New York, App. Div., First Dept., 273 A.D.2d 103, motionfor leave to appeal denied, 95 N.Y.2d 766

A New York City police officer was terminated from his position after beingfound guilty of having "assaulted and caused physical injuries” to twoindividuals.

The officer appealed, contending that the Commissioner's determination was notsupported by substantial evidence because it was based on hearsay. TheAppellate Division disagreed, holding that "[t]he hearsay statements ofthe complainants were sufficiently probative to constitute substantial evidence."

According to the decision "[h]earsay may constitute substantial evidencewhere, as here, it is sufficiently reliable and probative on the issues to bedetermined."
This, in turn, depends on the credibility of the witnesses.The issue of the credibility of the witnesses at the officer's departmentaldisciplinary hearing, said the court, "was a matter to be assessed by theDeputy Commissioner who presided at the trial.”
Accordingly, said the court, determinations concerningthe credibility of witnesses "is largely beyond our power of review."